Bulletin No. 53 www.crisisenvenezuela.com - Provea

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Bulletin No. 53 www.crisisenvenezuela.com - Provea
Bulletin No. 53
                From 3 to 10 September, 2018
www.crisisenvenezuela.com
Bulletin No. 53 www.crisisenvenezuela.com - Provea
Bulletin No. 53
                                                                            From 3 to 10 September, 2018

Defiende Venezuela - www.defiendevenezuela.org
A window for the Defense of Venezuelans’ Rights
                                                               Génisis Dávila, founder and president of the NGO,
                                                            watches for coherency between the quantity of violations
                                                            of Human Rights and the quantity of denounces made on
                                                            this matter. In 2017, only 53 cases were denounced before
                                                            Interamerican Commission for Human Rights (CIDH). In
                                                            2018, it is expected that the figure will reflect more exactly
                                                            our country’s reality: “Respecting the Protective
                                                            mechanism offered by the Commission, we use effectively
                                                            the system of individual petitions; solicit caution measures;
                                                            make whatever urgent calls; and present informs within
                                                            the general hearings”.

                                                               “This coherence goes accompanied by the spread of
                                                            parallel activities, such as formative workshops for
   Facing the big number of violations against Human        venezuelans, which offer tools and generate alliances,
Rights in Venezuela, Defiende Venezuela aims promoting       destined to identify and make the victims visible,
and defending those Rights, via denouncing before the       respecting violations against Human Rights. Besides, we
Interamerican System and the Universal System for           also report the cases before the Commission”, Dávila
Human Rights.                                               remarked.

                              Transparencia Venezuela - www.transparencia.org.ve
       Government pretexts sanctions for not fulfilling payments of the External Debt
                                                            finances, which are quite depressed. “First of all, they
                                                            stopped paying because they ran out of money. Later,
                                                            they kept on failing to pay because sanctions delayed the
                                                            payments, which is not true. A proof of this: when they had
                                                            to accomplish with PDVSA’s Bonus 2020 (Citgo is a
                                                            subsidiary) deposits were made rightly on time”.

                                                              Tamara Herrera explained that the sanctions
                                                           interrupted abruptly every possibility of searching for
                                                           financings, since they impede to re-structure the Debt. She
                                                           underlined the fact that, even before the sanctions, it was
                                                           already very difficult to get financings, for which reason
                                                           the authorities made quite uncommon operations. She
                                                           added that the government was still able to gather US$
                                                           2.000 millions via Bonuses, but sanctions prevented from
   U.S.A.’s sanctions imposed to Venezuela –plus those that.
imposed by 42 countries against some Venezuelan
hierarchs– are used by the government as an excuse for
not fulfilling its obligations, such as the payments of the
External Debt. This is stated by economist Tamara Herrera,
Head of Sintesis Financiera, a team of consultors.
                                                                         http://bit.ly/2NCFSoJ
   Herrera affirms that these extraordinary measures
accelerated our default; but, paradoxically, gave the
government a certain space for maneuvering on its
Bulletin No. 53 www.crisisenvenezuela.com - Provea
Bulletin No. 53
From 3 to 10 September, 2018

                                                                          CEPAZ - www.cepaz.org.ve
                                                        International Penal Court: the Venezuela case
    International       community,                                                    crimes have really happened in
following up an initiative of the                                                     Venezuela.
Organization of United Nations
(UNO/ONU),          created    the                                                        Recently,           Argentina
International       Penal    Court                                                    announced officially its intention
(IPC/CPI).    It     is  the  first                                                    to attend IPC, jointly with other
permanent International Court, in                                                     Latin American governments, for
charge of judging those who are                                                       accusing      President    Nicolás
responsible for crimes against                                                        Maduro. It would be the first time
humanity, genocides, and war                                                          that a State, or a group of States,
crimes. Its creation meant a                                                          impulse a penal process. The
historical       step      towards                                                    introduction of a course of this
universalizing Human Rights. Its jurisdiction extends over sort by a State that is a member of the Statute of Rome is
everybody in the world, as much as international grave meaningful. The action would generate a special pressure
and transcendental offences are concerned.                 on the Court, and would oblige the Prosecutor to begin a
                                                           new investigation, and a search for new informations. That
    The first pronouncement of this entity on Venezuela is the reason why it is a must registering our situation of
was emitted on February 8, 2018. The IPC’s Attorney, vulnerability in Human Rights. The registrations imply
Fatou Bensouda, declared that an investigation had been denunciation, documentation, and diffusion of all cases, for
opened around the Venezuelan case, for violations of providing full data that may merit an eventual
Human Rights, and for actions against International investigation by IPC.
Humanitarian Law. On May 29, a panel of independent
experts, appointed by the Organization of American
States (OAS/OEA), presented an Inform, containing
evidences of Lese Humanity in Venezuela. As a result,                        http://bit.ly/2CATUTn
there are enough fundaments for considering that such

Bloque Constitucional
Serious immigration crisis rapidly mutates to migratory catastrophe
   The collapse produced by                                                           insufficient. This tremendous
economical setback, political                                                         situation    may    generate     a
chaos, and social anonymity has                                                       migratory            catastrophe,
forced millions of venezuelans                                                        unprecedented in the region.
into an exodus, running away
from misery and starvation. It is                                                         Based upon the previous
true: the main characteristic of                                                      considerations, we exhort the
this exodus is compulsion. Our                                                        governments in our region and
compatriots         cross      the                                                    the natives concerned, in order to
borderlines carrying just a                                                           keep their solidarity, widely
suitcase, with no money, many                                                         shown by their giving shelter to
with no documents; but all of                                                         our compatriots. For this we are
them act under the pressure of the existential need to eternally and gratefully committed with all of you! In
escape from Maduro’s plan, which is submitting us to addition, we also exhort them to express strongly during
depend entirely on the State, via rationing.              the coming session of OEA’s Permanent Council, in order
                                                          to appoint a commission of presidents, who may verify in
   The recent forced exodus of over three million situ the humanitarian crisis, derived from our hard
venezuelans is seriously affecting neighbor countries, conditions of rationing and apartheid; and may also verify
especially Brazil, Colombia, Ecuador and Peru, which have in the frontiers, in situ, the effects of the grave migratory
found their spaces invaded, and their public services crisis –rapidly becoming a migratory disaster.
Bulletin No. 53 www.crisisenvenezuela.com - Provea
Bulletin No. 53
                                                                              From 3 to 10 September, 2018

Acceso a la Justicia - www.accesoalajusticia.org
Sheer Injustice: the Requesens case
   Since      the    supposed                                                            persecuted by authorities, by
frustrated assassination of                                                              the victim, or by the public
Nicolás Maduro on August 4,                                                              outcry. 4) When a person is
2018, there is no hope that the                                                          caught “short time after the
State’s    repressive    corps                                                           committed offence, either in
respect                     our                                                          the place where it occurred or
almost-forgotten-yet-in-force                                                            nearby, if the person holds
Constitution’s         minimal                                                           weapons,     instruments     or
guarantees in favor of all                                                               objects that lead to think that
Venezuelan             citizens                                                          the person is the offender”.
–opponents included. The                                                                 Following these criteria that
case on which we are focusing                                                            TSJ deems as flagrancy; given
on now happened three days                                                               the circumstance that three
after the terrible attack with                                                           days had passed by since the
drones, during an act headed by the president. A              facts actually happened; we can make a question like this:
commission of officials of Bolivarian National Intelligence    was deputy Requesens arrested under any one of the
Service (SEBIN) captured deputy Juan Requesens, not           aforementioned premises? The obvious, clear, and
only illegally –no warrant for arrest– but violently.         objective answer is “no”.
Requesen’s sister, Rafaela, was also detained, and released
a few hours later; but she was not given any information         We must not forget that Requesens’s whereabouts
about her brother’s destination, nor about her own            were unknown for four days, which figures a forced
detention.                                                    disappearance. This a pattern of the regime: many persons
                                                              are arbitrarily detained, without a warrant for
    Facing such a panorama, first thing to be emphasized is    apprehension, and no information is given about their
that our Magna Carta –seemingly discarded by this regime      detention sites. These actings are illegal and shape
–establishes only two bases for arresting a person:           offences, even if they last only a few hours or a few days.
flagrancy or a judicial order. Flagrancy was the alleged       But TSJ says nothing on the matter.
one. According to the Supreme Court of Justice (TSJ),
flagrancy refers to four conditions: 1) An offence is being
committed, and somebody, who is directly affected, states
so. 2) An offence has just been committed, which may be
illustrated by this example: “When a person hears a shot,                    http://bit.ly/2N25A6x
looks through a window, and sees an individual with a gun
in his hand, aside a corpse”. 3) When the offender is

                                            Foro Penal Venezolano - www.foropenal.com
                     7.324 persons are unfairly submitted to penal processes in Venezuela
   By September 7, 2018, Foro Penal Venezolano has registered 12.472
arbitrary detentions since January 1st, 2014.

    810 civilians have been presented before Military Courts. Between January
2014 and the present day, Foro Penal has totalized 1.548 certified political
prisoners. Full liberty or release under diverse modalities have been obtained
in 1.300 cases.

   In April 2014, we had a record of 117 political prisoners. Today, the figure
for this category of inmates is 242, which has been verified by OAS (OEA) on
the basis of data provided by Foro Penal. Besides, 7.324 persons are still
unfairly submitted to penal processes, under caution measures.
Bulletin No. 53 www.crisisenvenezuela.com - Provea
Bulletin No. 53
From 3 to 10 September, 2018

                                          CIVILIS Derechos Humanos - www.civilisac.org
               “I will go on being a Defender until my country lives a coherent situation”
                                            —How did you get started within Civilis Derechos Humanos. At the
                                         Human Rights?                           same time, I joined the Moot Court on
                                                                                 HR, for representing my University at
                                            —It all began in 2014, when I Interamerican Court, in San José de
                                         figured into a group of students of Costa Rica, and in Washington D.C.,
                                         Law and Social Communications, at USA. Civilis taught me many things,
                                         Catholic University “Andrés Bello” mainly by its exemplary actions; that
                                         (UCAB), in Caracas. This group’s is why I have now a much wider view
                                         name was “Asistencia UCAB”, and it of the ways we defenders look at the
                                         was directed by UCAB’s Center for situation in our country. Sitting still to
                                         Human Rights. Being there, I listen to other defenders –who are not
                                         contributed by helping to collect necessarily lawyers– makes one a lot
                                         information, to denounce, and to more open-minded, it takes one out of
   Mario D’ Andrea is a lawyer of NGO    support and give free juridical the            merely     legal   professional
Defiende Venezuela, an organization       assistance to persons who were framework. Those are the most
dedicated to promote and defend          arrested during the protesting wave, enriching experiences, doubtlessly.
Human Rights in Venezuela. More          between January and April, that year.
specifically:  the     divulgation   of   My interest for promoting and
knowledge about the Interamerican        defending Human Rights was born by
System of Human Rights (ISHR/SIDH)       then. I left my position as a passing        http://bit.ly/2wYVR6K
and an efficient use of its protective    assistant in a lawyers’ office, and went
mechanisms.                              into the domain of HR through NGO

PROVEA - www.derechos.org.ve
Seniors defeat blackmailing via Fatherland’s Card
    Persevering      pensioners                                                         use of the Card as a must for
defeated Government! Rulers                                                             acceding the fulfillment of
intended to impose having a                                                             Rights.
Fatherland’s Card (Carnet de
la patria) as a requirement for                                                            This    triumph    of     the
collecting allowances. The                                                              struggling    seniors   is    an
reply was immediate, forceful                                                           example to be followed. We
and massive, in several states                                                          must go ahead their way,
of the country. Before the firm                                                          towards a greater victory:
attitude of our seniors, Maduro                                                         Maduro’s resignation, invoking
and the ruling board had no                                                             Art.233 of our Constitution. His
other option but stepping                                                               renounce would drive National
back.       It    was        fully                                                      Assembly’s present president
demonstrated that, before dictatorship, obtaining to assume temporarily the presidency of the nation; in 30
victories against arbitrarities is possible, in fact!       days, we would have a reasonable date for elections; and
                                                            we could expect having a new government that would
    The Fatherland’s Card (Carnet de la Patria) is being start the re-construction of our country by re-constructing
used as an instrument to increase segregation for political our democratic institutions.
reasons. The example given by the seniors means that, if
population adopts massively an attitude of rebelliousness
and disobedience, and rise to the intended blackmail
through the Card, the government might be obliged to
stop and withdraw about it. Otherwise, if we adopt a
                                                                             http://bit.ly/2MhffRh
submissive attitude, they might end up consolidating the
Bulletin No. 53 www.crisisenvenezuela.com - Provea
Bulletin No. 53
                                                                         From 3 to 10 September, 2018

Codevida - www.codevida.org
Codevida thanks for the Quito’s Declaration on
human mobility of venezuelans in the region
                                                             Quito’s Declaration includes actions like providing
                                                         humanitarian assistance, favoring access to permanency,
                                                         favoring access to the status of refugees –in specific
                                                         cases– and fighting against traffic with persons. They also
                                                         committed on working against xenophobia and
                                                         expressions of hate.

                                                         However, the Center for Human Rights of Catholic
                                                      University “Andrés Bello” (UCAB) in Venezuela, pointed
                                                      out the fact that the regional agreements do not explicitly
                                                      state the recognition of these persons’ Human Rights, nor
                                                      their inherent condition of refugees, in order to grant them
   Governmental representatives of Argentina, Brazil, international protective rights, since they migrate
Chile, Colombia, Costa Rica, Ecuador, México, Panamá, forcefully out of their native territory.
Paraguay, Perú, and Uruguay, showed their best
disposition to help Venezuelan nationals during the
exodus, caused by the humanitarian emergency the                         http://bit.ly/2MfCJWY
country is going through.
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